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Resolution No. 9254
I 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION 9254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A CONDITIONAL USE PERMIT FOR BERDAN HOLDINGS TO OPERATE A RETAIL/CONNERCIAL RESTAURANT AND OFFICE FACILITY LOCATED AT 3660 SOTO STREET WHEREAS, Berdan Holdings is requesting an amendment to their existing conditional use permit. Berdan Holdings is requesting that office use be allowed at 3660 Soto Street in the City of Vernon; and WHEREAS, the City Council of the City of Vernon held a hearing on Berdan Holdings' application for a conditional use permit on March 5, 2007; and WHEREAS, the project site is located in the M-Zone, General Industry; and WHEREAS, retail, commercial, and office uses are generally permitted in the M-Zone; and WHEREAS, a project the size of the proposed project is allowed in the M-Zone, with the approval of a conditional use permit; and WHEREAS, the proposed site is adequate in size, shape and topography for the proposed operation and has adequate drainage, landscaping; and WHEREAS, the proposed site is surrounded by industrial and commercial uses compatible with the proposed use and mitigation measures will be provided so that no adverse effects from traffic, parking, noise, odors, dust, smoke, light or glare is anticipated from the proposed operation; and -1- 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the site has access to Soto Street and 37th Street/Bandini Boulevard through a reciprocal driveway and traffic will generally travel on Soto Street and 37th Street/Bandini Boulevard to the restaurant, and Soto Street and 37th Street/Bandini Boulevard is of adequate size and pavement -type to handle the traffic generated from the proposed operation; and WHEREAS, the proposed site will include an estimated sixty-six lautomobile parking spaces and two truck spaces; and WHEREAS, given the size of the project, the optional exceptions to the minimum size requirement of Section 26.4.2-8(c) development standards may be used; and WHEREAS, Section 26.4.2-9(a)(ii) allows a lot with a building �Jor buildings totaling 12,000 square feet of gross floor area or less, exceptions in accordance with the following standards may be granted upon request of the property owner for the size of truck parking and loading spaces and maneuvering space as set forth in Section 26.4.2-8(c) and (e), the owner has recorded a covenant which restricts the length of trucks entering the property; and WHEREAS, because of the use of the alternative requirements, (ton -site automobile parking and truck parking are of adequate size, width and capacity to handle the traffic generated from the proposed use and will enhance the on -site maneuvering of automobiles and trucks; and WHEREAS, City staff has determined that the proposed site and development of the property is consistent with the applicable development standards, and therefore, all parking activities will be maintained on -site within the premises and the change in use will not -2- 1i 2j 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 jcreate additional parking in excess of the amount previously approved; and WHEREAS, the site has on -site parking and loading facilities in accordance with the Zoning Ordinance; and WHEREAS, the proposed use, as to location, operation and design is consistent with the General Plan and Zoning Ordinance of the City of Vernon; and WHEREAS, the Community Services Department conducted an Initial Study to determine that mitigation that shall be required to reduce the significant impacts to the environment and determined that the proposed project will not have significant effect on the environment and therefore a notice of exemption from the California Environmental Quality Act (CEQA) will be filed; and WHEREAS, the conditions and mitigation plans imposed on the conditional use permit approved under Resolution No. 8061 are adequate to protect the public health, safety and general warfare and shall remain in full force and no additional conditions are required; and WHEREAS, the operation is consistent with all applicable rules and laws of the City of Vernon; and WHEREAS, the City Council has received a Staff Report, dated February 22, 2007 upon which it has relied in making the foregoing recitals; and I / 1 -3- 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and Icorrect. SECTION 2: Subject to the conditions and mitigation measures below, the conditional use permit is hereby granted to Berdan Holdings for the operation of a retail/commercial restaurant/office facility at 3660 Soto Street located in the City of Vernon. SECTION 3: In order to adequately protect the public health and general welfare the conditions and mitigation measures contained in Resolution No. 8061 shall be required except that condition "h" (shall be modified to read as follows: h. The project site shall be constructed and maintained substantially in compliance with the site plan submitted as part of the conditional use permit application. The maximum area to be used for restaurant activities including kitchen and dining areas shall be 10,411 square feet. Outdoor dining areas shall not be permitted. There shall be no limitation on the amount of building space utilized for any other retail, commercial or office purposes. SECTION 4: Berdan Holdings and any successors in interest shall indemnify, hold harmless, and defend the City of Vernon, its officers, agents, and employees from and against any and all claims, complaints, or petitions for: (1) damages, losses, expanses resulting from bodily injury, sickness, disease, disability or death arising from the operation of the facility excluding therefrom any such claim resulting from the sole negligence or intentional wrongdoing of the City of Vernon, its officers, agents or employees; -4- 1 2 31 4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) a peremptory writ or other relief by way of injunction, mandamus, or administrative mandamus; or (3) legal expenses and attorney's fees incurred by the City of Vernon on behalf of any party in such actions or proceedings. The City of Vernon does not waive its right to participate in the defense of any such action. SECTION 5: Noncompliance with any condition set forth in the conditional use permit shall be grounds for voiding the permit pursuant to Section 26.5.2-10 of the Comprehensive Zoning Ordinance. SECTION 6: Not later than sixty (60) days from the date of this Resolution, Berdan Holdings shall indicate, in writing, its acceptance of and agreement with the conditions contained in Section 3 of this Resolution and the indemnification provision contained in Section 4 of the Resolution. SECTION 7: The Acting City Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 5t" day of March 2007. IMANUELA GIRON, Acting City Clerk 9 �%A2W zd-z Hilario Gonzales, Mayor Pro-Tem -5- 1 2 3 4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) I MANUELA GIRON, Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9254 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, March 5, 2007, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) GIRON, Acting City Clerk SUPPORTING DOCUMENTS CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: March 12, 2007 TO: Kevin Wilson, Director of Community Services & Water FROM: Nelly Giron, Acting City Clerk RE: Resolution No. 9254 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit Amendment for Berdan Holdings to Operate a Retail/Commercial Restaurant and Office Facility Located at 3660 Soto Street Transmitted herewith is a copy of Resolution No. 9254, referenced above, which was approved by City Council on March 5, 2007. Thank you. NG:dr c: Resolution File No. 9254 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 22, 2007 Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: gee . 9154 Berdan Holdings has submitted an application to amend their existing conditional use permit to operate an office use in addition to the uses previously approved in Resolution No. 8061 consisting of retail/commercial/restaurant uses for the facility located at 3660 Soto Street in the City of Vernon. After review of the application by the Community Services Department, it is recommended that the conditional use permit be granted. Herewith for your consideration are the following supporting documents: 1. Staff Report. 2. Request for conditional use permit and information supporting the application. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. The project is categorically exempt from CEQA because it is an existing facility as described in Section 15301. A Notice of Exemption will be prepared and filed with the County Clerk. In my opinion the proposed operation will pose no adverse effects to the City of Vernon and will have no significant effects on the environment. The project is consistent with the General Plan as Adopted by the City of Vernon. Honorable City Council Page 2 February 22, 2007 Therefore, it is recommended that the City Council determine: 1. That the project is consistent with the General Plan as adopted by the City of Vernon. 2. That the project will not have a significant effect on the environment. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. Further, it is recommended that the amended conditional use permit allowing office use at 3660 Soto Street be granted subject to the conditions and mitigating measures set forth in Resolution No. 8061. Respec 'llysubmitted, Samuel Kevin Wilson, P.E. Director of Community Services & Water SKWlsc cc: City Attorney Enclosures CITY OF VERNON COMMUNITY SERVICES DEPARTMENT STAFF REPORT ON BERDAN HOLDINGS (AMENDED) CONDITIONAL USE PERMIT TO OPERATE A RETAIL/COMMERCIAL/OFFICE FACILITY AT 3660 SOTO STREET February 22, 2007 (Modified March 5, 2007) Berdan Holdings has submitted an application to amend their existing conditional use permit to construct and operate a retail/commercial facility. They wish to have an office occupancy (general/medical office) of approximately 3,339 square feet in size at the subject site. However, the conditional use permit issued on September 18, 2002 was for a retail/commercial center and did not contemplate office use at the site. The site plan submitted as part of the application did not address any office use in the development plan. The development plan was approved with a certain amount of parking stalls designated to each future occupant. The parking layout meets the minimum parking requirements for a restaurant and retail center as specified by the City of Vernon Comprehensive Zoning Ordinance. Berdan Holdings is requesting an amendment to their existing conditional use permit to allow an office occupancy at the subject site. 1. GENERAL PLAN The proposed use is in accordance with the General Plan. The site is located in the M-Zone, General Industrial. Generally, retail and commercial uses are permitted in the M-Zone. However, according to Section 26.3.5-3(a) of the Comprehensive Zoning Ordinance states that retail and commercial and office uses with a floor area of more than 10,000 square feet or which generate more than twenty (20) vehicle trips per day per one thousand (1,000) gross square feet of floor area per day may be permitted in the M-Zone with a conditional use permit. 2. SITE The proposed use will occupy approximately 3,339 square feet of a 4,139 square foot building. The total property area of the proposed project site is approximately 70,281 square feet in size. The subject site is comprised of three one-story buildings totaling 11,411 square feet in size. The subject site is currently being occupied by several sit-down and carryout restaurant facilities. As mentioned above, the project site consist of three one- story buildings "C", "B", and "A". Building C, B and portion of building A are being used as restaurant facilities. Berdan Holdings is proposing that portion of building A be used for general/medical office use (appox. 3,339 sq. ft.). The proposed site will be supported by an existing sixty-six stall surface parking lot and two truck parking/loading stalls. A traffic report was prepared for this project and also found that the office parking will generate less traffic then the previously approved retail use in accordance with the ITE Parking Generation Yd Edition. Since the proposed building is less then 12,000 square feet of gross floor area, the applicant is entitled to request an exception to the development standards for truck parking and loading. City staff has determined that the proposed site and development of the property is consistent with the applicable development standards. Pursuant to Section 26.4.2-9(a), for a lot with a building or buildings totaling 12,000 square feet of gross floor area or less, exceptions in accordance with the following standards may be granted upon request of the property owner for the size of truck parking and loading spaces and maneuvering space as set forth in Section 26.4.2-8(c) and (e), subject to recording a covenant by the property owner which restricts the length of trucks entering the property and, if applicable, which restricts the use of the property. The height and width requirements for truck parking and loading are the same under the exception and the development standards. The property owner has utilized this exception and has provided two twenty-five foot long spaces, the proposed site has code compliant parking and loading on -site and it is anticipated that the change in use will create no impact on neighboring properties. The proposed site has adequate drainage and topography for the proposed operation. 3. ADVERSE EFFECT The proposed site is surrounded by industrial, commercial and warehousing uses that are compatible with the proposed use. An initial study and mitigated negative declaration was conducted and approved for the project when Berdan Holdings was first granted a conditional use permit in the City of Vernon in 2002. The proposed use will not result in environmental significant changes to Berdan Holding's operation. Consequently, a notice of exemption is recommended to be approved in accordance with the California Environmental Quality Act (CEQA) as provided in Section 15301 of the State CEQA Guidelines. A mitigation -monitoring program was originally prepared to mitigate any potentially significant effects to water, air quality, and public services and to prevent any effects in the areas of geophysical, transportation/circulation, hazards and noise. The project site is currently in compliance with their Mitigation Monitoring Program and their conditional use permit. 4. ACCESS There are two driveways that access the site, one located on Soto Street and the other on Bandini Boulevard. Trucks and automobiles accessing the site will share these driveways. Bandini Boulevard is 100 feet wide and is of adequate size and pavement type to handle the traffic generated from the proposed operation. Soto Street is 88 feet wide and is of adequate size and pavement type to handle the traffic generated from the proposed operation. A traffic analysis was conducted to evaluate the traffic impacts associated with the proposed project, at the adjacent intersection. The analysis was conducted both for the morning and evening peak periods. According to the study, it was found that, traffic operations in the area will not be adversely effected by the moderate increase in traffic volumes generated by the proposed project. In addition, a second traffic analysis was conducted and determined that the proposed office occupancy will not adversely affect the existing uses. 5. VEHICLE MOVEMENTS The retail/restaurant facilities are expected to generate more than 100 vehicle trips on a typical weekday. Most of the vehicular traffic at the retail/restaurant/office facility will occur around the noon hour. Trucks that will deliver/pick-up product and supplies to the proposed site will occur during the early morning hour. Peak traffic hours for the streets in the vicinity occur in the early morning and late afternoon. The restaurant's heavy traffic periods will not coincide with the peak hours of street traffic or the medical office. The traffic study showed that there would not be any significant impacts to the operation of the neighboring intersections. Therefore, the proposed use will not cause a significant traffic impact. 6.OPERATIONS The proposed project is comprised of three one-story buildings totaling 11, 411 square feet in size. The proposed use will occupy a portion of a 4,139 square foot building, approximately 3,339 square feet. The subject site is currently being occupied by several sit-down and carryout restaurant facilities. As mentioned above, the project site consist of three one-story buildings "C", "B", and "A". Building C, B and portion of building A are being used as restaurant facilities. Berdan Holdings is proposing that portion of building A be used for general/medical office use (appox. 3,339 sq. ft.). Deliveries will continue to be by hand truck directly from the parking lot truck spaces through the front door. The center will continue to operate from 7:00 a.m. to 11:00 p.m. The retail, commercial, and office uses will have approximately 10 employees and the restaurant uses will have approximately 25 employees. 7. STATE OR FEDERAL CONDITIONS All Federal, State, and local regulatory permits shall be obtained as required for the operation. 8. CONDITIONS It is recommended that the current conditions of approval and mitigation measures as approved in Resolution No. 8061 remain with the exception that condition "h" be modified to read as follows: h. The project site shall be constructed and maintained substantially compliance with the site plan submitted as part of the conditional use permit application. The maximum area to be used for restaurant activities including_ kitchen and dining areas shall be 10,411 square feet. Outdoor dining areas shall not be permitted. There shall be no limitation on the amount of building space utilized for any other retail, commercial or office p oses. F � y Vernon, Department of Community Services! 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 - ;�Eh i-t!!:!_' Cigt? CONDITIONAL USE PERMIT APPLICATION PLEASE PRINT OR TYPE Name of Applicant (Print or Type Name of Business) Site Address Zip Code GE90M Hot-P<aGS 360,604 Solo Si-. boo 58 Contact Person Telephone Number Fax Number LISA TAAA`(© (S©S)2.7S - SUO (8oS)2-I8. SzzI Project Title_ 50TO 4 13AN3O tt31 Purpose of Conditional Use Permit Application -TO A-L.Oy.I Xf.-CAi t- t GOtAt4V-G1AL 4 onriGt! %Json9 IN nie M 2on1E PLR GtTx oe Ver2.t�q COMPf:.GHeNSiVe Zar4j^ir. do al&1kn1c-v- -Scr--rtonls 24..3.5 - 3 (a) 4 2G.S 2 MMDAr4 140LS-'>1nJG,5 '501 Sk'a:L-t)WAt G19GX 0xJArt4 CA 930 o Telephone Number Fax Number (805) 276.92<M /8o5) 278 - a 22 1 Name of Applicant's Representative or Contact Person (If different than above) Address Zip Code QAwR. SLCiAt. Q.©. ZOX to109 At.- A1P15N CA i003 Relation to Applicant Engineer $efavlutect Attorney Realtor Is this person authorized to sign for the owner Circe One No T ep on u� er344 S - j Fax Number z ! *3u 2 Si ature (Ne to a Notarize) �I `ate FOR CITY USE ONLY - DO NOT WRITE BELOW THIS LINE CEQA Review Process City Clerk's Use: Assessor Parcel No. - - Stamp receipt of application fee below Zone CEQA Exempt Section Page 1 of 7 PR T' N { aoh ottl sheeta n�ecessaY) Site size. I"? 0 ro 2 a I w. F. 2. Square footage of each building (including any covered structures or canopies). S. ©RO _S. F. / 2_ l7k .S. A / # /39 SF W04. = /l. q// J. F 3. Number of floors of construction. 67r-LC 4. Amount of off-street parking and loading provided: a. Number of automobile parking spaces 4'& b. Number of truck parking spaces C c. Number of truck loading spaces Z 5. Proposed scheduling. G%!>" P . e" TE D 6. Associated projects. N�A 7. Anticipated incremental development (additional phases). 14 G ri C 8. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents and type of household size expected (on attached sheet). 1-4LA 9. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities (on attached sheet).14EIOi'/j30MWO C U RANT5 f CU4MERCAA ReTA IL SALES O FFK- SCE ATrACttl E D S ME PCA 10. If industrial, indicate typpe, estimated employment per shift, and loading facilities (on attached sheet). I a 11. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project (on attached sheet)._ Page 2 of 7 BURDEN OF PROOF The applicant is required to establish the following before submitting a Conditional Use Permit application: A) The site for the proposed use is adequate in size, shape and topography, including drainage and landscaping. B) The proposed use will not have an adverse effect upon adjacent or abutting properties in terms of traffic, parking noise, odors, dust, smoke, light or glare, or risk of fire, infection or explosion. C) The proposed use will be compatible with the permitted uses of surrounding and adjacent properties. D) The site has sufficient access to streets and highways, which are adequate in width and pavement type to carry the quantity of traffic generated by the proposed use, and that the routes which vehicles will have to follow to reach the site are adequate in width and pavement type to carry the volume of traffic generated by the proposed use. E) The site has adequate off-street parking and loading facilities. F) The use, as to location, operation and design, is consistent with the general plan, any applicable specific plan and the zoning regulations of the City of Vernon and all applicable County, State and federal law, rules and regulations. (SF-F- ATTA" M Signed (Apple ant) Page 3 of 7 SOTO & BANDINI C.U.P. BURDEN OF PROOF A) The site for the proposed use is adequate in size, shape and topography, including drainage and landscaping. This request is to add office use to the existing C.U.P. (which allows retail and commercial use) There will be no change in the existing size, shape, and topography of the previously approved project. B) The proposed use will not have an adverse effect upon adjacent or abutting properties in terms of traffic, parking noise, odors, dust, smoke, light or glare, or risk of fire, infection or explosion. The proposed addition of office use will make virtually no change to the existing approved project in terms of traffic, parking, noise, odors, dust, smoke, light or glare, or risk of fire, infection or explosion. The granting of this C.U.P. will have no adverse effects upon the adjacent or abutting properties. C) The proposed use will be compatible with the permitted uses of surrounding and adjacent properties. The addition of office use to this project will contribute to and support the permitted uses of surrounding and adjacent properties in this mixed use area. D) The site has sufficient access to streets and highways, which are adequate in width and pavement type to carry the quantity of traffic generated by the proposed use, and that the routes which vehicles will have to follow to reach the site are adequate in width and pavement type to carry the volume of traffic generated by the proposed use. The site is at the intersection of two arterial streets, Soto & Bandini, with access from both streets. Each street is fully developed to the specifications of the City of Vernon Master Plan of Streets and can carry the volume of traffic generated by the proposed use. The addition of office use to the project will have no material effect on the quantity of traffic generated. E) The site has adequate off-street parking and loading facilities. The addition of office use will not increase the amount of traffic nor will it change the amount of parking or loading that was previously approved for the project. F) The use, as to location, operation and design, is consistent with the general plan, any applicable specific plan and the zoning regulations of the City of Vernon and all applicable County, State and federal law, rules and regulations. Section 26.3.5.3(a) of the City of Vernon Comprehensive Zoning Ordinance allows for Retail, Commercial, and Office uses in the M zone with a Conditional Use Permit. The size, location, operation and design are all consistent Vernon, County, State, and Federal regulations. ENVIRONMENTAL CHECKLIST Date Filed: General Information: 1. Name and address of developer or project sponsor: IbE*DA4 140( DW (4 S 5o t SrrC-'t AV^ c,1 Rc-L-r O.Xn1A RO C.A g So 3 0 2. Address of project: 3 (o fo Q So "T to S -r. Assessor's Block and Lot Number: (0 3 O 3 • D `{ • O 31 3. Name, address, and telephone number of person to be contracted concerning this project:_ BAUZKY SEGAt— fQ2G 3q5 • 97&5 P.O. 6OX Ca I d % ALTAJ)04A C-A 110©3 4. Indicate number of the permit application for the project to which this form pertains: fi /A List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: nIOALS 6. Existing zoning district: 1A 7. Proposed use of site (Project for which this form is filed): r,t-v4AQ"r4:T C-ot4tACXr-/AL & "fA1L DAL 5 T O �i�'1 GCs Page 5 of 7 Project Description: 8. Site Size: ?df 2 $ l S-f 9. Square footage: 13. 0 4 J S.f 10. Number of floors of construction: © lei 6 11. Amount of off-street parking provided: Cog ..S CA CIS S 12 Attach plans: ve 13. Proposed scheduling: N�•4 14. Associated projects: r i O 4 C 15. Anticipated incremental development:%A 16. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents and type of household size expected. Q I 17. If commercial, indicate the type, whether neighboring, city or regionally oriented square footage of sales area, and loading facilities. ti a ►CA4460R2800 n 2csrAUAA4'T GO MACA.r.tA 1. K.'.'[AI1.. SAL -ES e:>f" r=t c E,S 45e= A TTA c.B F-6 ('i Ab3 18. If industrial, indicate type, estimated employment per shift, and loading facilities. n{g 19. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. Z& 20. If the project involves a variance, conditional use permit application, state this and indicate clearly why the application is required. A 19cVkSlO►J To 'CHI" EXIV1 iAJC G.J. � -r'o AL�ei,J cMffle-�c O&C Page 6 of 7 Are any of the following items applicable to the projects or its effects? Discuss on an attached sheet all items checked yes (attach additional sheets if necessary). YS E ❑ 21. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours. ❑ 22. Change in scenic views or vistas from existing residential areas or public lands or roads. ❑ C�'� 23. Change in pattern, scale or character of general area of project. ❑ 24. Significant amounts of solid waste or litter. ❑ 19"' 25. Change in dust, ash, smoke, fumes or odors in vicinity. ❑ CY 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. in ❑ 1� 27. Substantial change in existing noise or vibration levels the vicinity. ❑ ffo' 28. Site on filled land or on slope of 10 percent or more. ❑ No"' 29. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. ❑ 30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) ❑ 31. Substantially increase fossil fuel consumption (electricity, oil, natural gas, ❑ / C� 32. etc.) Relationship to a larger project or series of projects. Environmental Settine 33. On an attached sheet, describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historic or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be acceptable. 34. On an attached sheet, describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be acceptable. Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. to•5.oCo Date Page 7 of 7 3660 Soto Ave. Environmental Settinz: 33. The Site is a flat 70,281 square feet on the north east corner of Soto Avenue and Bandini Avenue. There is an existing commercial center comprised of three one story stucco and glass buildings of 5,Og4 s.f., 2JI76 s.f., and 4,$N s.f. The site is appropriately landscaped for a commercial development. The structures and site have no cultural, historic, or scenic significance. 34. The surrounding properties are flat, industrial properties with one and two story concrete buildings, truck docks, and storage yards. Neighboring buildings are used for manufacturing, warehousing, and wholesale sales. There are a few restaurants on the west side of Soto, south of Bandini Blvd. There is some landscaping at the restaurant sites and a few street trees on Soto Avenue. The neighboring properties and buildings have no cultural, historic, or scenic significance. A NOV 2 9 2006 Community Services CALIFORNIAALL-PURPOSE• S:S�SSSS>�>SS�SS�S �SC�S�4�>'.SS�S�,.-'�.'Q�>'4>�5�.•.•�.•S!a�S S>SS :�>'��5>�>'% State of California ss. County of On Oewr before mejP&I • �) ((�C Date /; Name and Title of Officer (e.g., "Jane Doe, personally appeared �..��iJ�-� I A ► tM `OM,� l Comwadon i 16>i6d�IZ ttolaW Ihimc - Comm" Vanum CCU* My Comm personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personorwhose namels)Bare subscribed to the within instrument and acknow edged to me that he/ h9/they executed the same in his/their authorized capacityapjW, and that by hide their signatureW-on the instrument the personfrs3,; or the entity upon behalf of which the personjs* acted, executed the instrument. ESS my Mand and Place Notary Seal Above vw "— Signature of Notary Public OPT► AL Though the information below is not required by law, it y prove valuable to persons relying on the document and could prevent fraudulent re'm(ovvall'and reattachment of this form another document. Description of Attached Documen� Title or Type of Document: (D*Document Date: %�� Number of Pages: _ Signer(s) Other Than Named Above Capacity(ies) J7 Signer's Name: 21fridividual ❑ Corporate Officer— Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .p of thumb here �sszaazzaaaaazaizszccaz'ssaztisasaassasas:: =a% IC CALIFORNIA•ACKNOWLEDGMENT s N. > . ems; :: cue State of California ss. County of �6 On before me,—W6 6?�, ' Date � � Name and itl of Offic (e.g., "Jane Doe, Notary P blic") / personally appeared Names) of Signers) trON51.1O L SfAMEISEENN CgnniMon! 16W42 momVm*= CAW s iMycoewftpmS8@p7.2Qi personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person�s)'whose nam, %�'�"1'�%'` re subscribed �tthhe within instrument and acknowledged to me that she/they executed the same i i /her/their horized capacity(i , and that b)�-_Wslher/their signature(s�-on the instrument the personal, or the entity upon behalf of which the persorj4s} acted, executed the instrument. TN y hand and official seal. Place Notary Seal Above Signature of Notary Public OP NAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent f udulent remakal and reattachment of is form to anoth document. Description of Attached Doc 4 n �au 1 - Title or Type of Document: y/�J Document Date: Signer(s) Other Than Named Above: Caner's Name: ar m byl�Si� M Signer's Name: .! ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney In Fact Top of thumb here ❑ Trustee Guardian or Conservator ❑ther: Signer Is Representing: 1 • Y of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 6907 Reorder: Call Toll -Free 1-800-876-6827 October 7, 2006 RE: Soto and Bandini Commercial Center 3660 Soto Street Vernon, CA OPERATIONS REPORT JI' V11 S.P. The existing project is for a }33, square foot commercial center comprised of three one story buildings. It is anticipated that up to 11,000 square feet of the center will be for restaurant use with the remainder being retail, commercial, and office uses. The center will operate from 7:00 a.m. to 11:00 p.m. The retail, commercial, and office uses will have approximately 10 employees and the restaurant uses will have approximately 25 employees. There will be no materials stored on -site. Deliveries will be by hand truck directly from the parking lot truck spaces through the front doors. The day to day operations of the project will have no significant impact on neighboring properties. SEGAL+REA A R C H I T E C T U R E Barry W. Segal *Architect* P. Kathleen Rea Soto & Bandini Commercial Center Hazardous Material Report There will be no hazardous materials used, stored, produced, or processed at the site. • P.O. Box 6108 • Altadena, CA 910039 (626) 345-9765 • (626) 345-9243 fax• I 'CC) COCO TRAFFIC PLANNERS, INC. TRAFFIC • DESIGN • PARKING • MODELING • URBAN PLANNING 10835 Santa Monica Blvd., Suite 202 • Los Angeles, California 90025 • Ph: (310) 470-4870 • Fax: (310) 470-0399 • E-mail: ASCOCOENGOAOLCOM February 21, 2007 Mr. Barry Segal, AIA SEGAL + REA ARCHITECTURE P.O. Box 6108 Altadena, California 91003 Subject: SOTO/BANDINI COMMERCIAL DEVELOPMENT PROJECT REVISED PARKING EVALUATION - VERNON, CALIFORNIA Dear Mr. Segal, On October 29, 2001 our firm prepared a traffic impact study for a commercial development, located at 3660 Soto Street, on the northeast corner of the intersection of Soto Street and Bandini Boulevard, in the City of Vernon, California. The project consists of three buildings with a total of 11,411 gross square feet (gsf) of commercial space. Specifically, building A, located at the southeastern end of the lot, planned with 4,139 gsf of restaurant and retail space; building B, located right on the comer of Soto/Bandini, planned with 2,178 gsf of restaurant space; and building C, located at the northwestern end of the lot, with 5,094 gsf of restaurant and retail space. For the purpose of our analysis, the building's gross square footage has been identified with gross leasable area (gla). The development is supported by a 66-stall surface parking lot. The triangular shaped lot is 56,000 square feet and is bordered by Soto Street on the West, Bandini Boulevard of the South and the Los Angeles River (flood control channel) on the northeast side. As indicated above the project entails a mix of commercial space, including retail, restaurant, and fast food restaurant uses. The project currently is planned to include between 1,000 gla, and 3,339 gla of general or medical office space in building A. An 800 gla of commercial space in that building currently is leased. The present analysis consists of evaluating the project's parking needs under the proposed layout. However, given that the make up of the project's tenants could change significantly over the years, our analysis evaluated the project's parking needs under three alternative scenarios. Specifically, Scenario 1 consists of utilizing 1,000 gla of commercial space for office use, with no change to the rest of the development; Scenario 2 consists of using 3,339 gla of the existing space for office use, thus reducing the size of the existing restaurant uses; Scenario 3 consists of utilizing the entire development i.e. all of the existing 11,411 gla of commercial space for office use, with no restaurant space. In order to verify the adequacy of the proposed parking supply to support the intended land use, under the various scenarios, we calculated the project's parking needs based SotoBandini Commercial Development Project Revised Parking Evaluation - Vernon upon data provided by the ITE Parking Generation Manual. In order to be consistent with our previous analysis, the 2nd Edition of the Manual was used for the existing uses, both under the current and the proposed layout, while the recently published 3rd Edition was used for the proposed land uses. The results of the analysis are summarized in Table 1. The table shows the parking generation factors used in the analysis and the resulting number of parking stalls needed to satisfy the project's parking demand, both under the current, and the future land use scenarios. Based upon those factors, the proposed project will have a peak parking demand of 68 stalls, under existing conditions. The future demand for parking, necessarily depends upon the individual land use scenarios, specifically: under Scenario 1, the development will have a demand for 67 stalls, under Scenario 2 the parking demand will be for 59 stalls, while under Scenario 3, the demand will decrease to 32 stalls. Table 1 also shows the proposed project's parking requirement, based upon the City of Vernon Parking Code. As indicated in Table 1, the project has a parking requirement of 65 stalls both under the existing and the future Scenario 1, with a requirement of 60 parking stalls under Scenario 2, and 46 stalls under Scenario 3. Also indicated in Table 1, is the project's parking supply of 66 stalls. Consequently, while the project satisfies the City's requirements, it appears that it could have a minor shortage of parking under both the existing, and the future Scenario 1. Under both Scenarios 2 and 3, the development's supply of 66 stalls will be greater than the code requirements, and the estimated peak parking needs. This is consistent with the fact that the office space has a lower parking demand than the restaurant space consequently, more office space within the development translates into less overall demand for parking. The above calculations however, do not take into account the synergy that develops in a mixed -use type of project. Specifically, the parking requirements for single -use developments must address the development's needs under most conditions, therefore they are based upon the needs of a given land use, during the peak hours of the day. Outside of those hours most parking stalls remain unused. A mixed -use development instead can exploit the fact that different uses have peak parking needs at different times of the day. Consequently, the development's parking needs can be satisfied with a number of stalls that can be significantly lower than the sum of the individual land uses' needs. Basically, in a mixed -use development the various uses are allowed to share the same parking stall, at different times during the day. A shared parking analysis consequently was performed in order to highlight this condition, and verify the subject center's ability to provide adequate parking for the intended land uses. The subject analysis is based upon peak parking factors provided by the Urban Land Institute (ULI), which also provides the fluctuation of the subject demand, by hour of day, and by land use. The shared parking analysis was performed only for Scenario 1, since the two additional Scenarios will have peak parking needs that are significantly lower than the project's parking supply. As indicated in Table 2, the proposed site's peak parking needs will be TABLE 1 PROJECT PARKING GENERATION Soto/Bandini Commercial Development - Vernon MAXIMUM # OF CODE ACTUAL LAND STALLS OCCUPIED REQUIREMENT PARKING SUPPLY LAND USE SIZE UNIT USE (1) (2) (3) (1) CODE Pkg Rate Stalls Pkg Rate Stalls Pkg Rate Stalls Site Existina Land Uses Retail 1.000 KSFLA 820 3.76 4 4.00 4 N/A N/A High -Turnover (sit-down) Restaurant 1.299 KSFLA 835 8.00 10 10.00 13 N/A N/A Fast Food Rstrt w/o DT Wdw 3.701 KSFLA 833 11.68 43 10.00 37 N/A N/A Kitchen/Service Area 5.411 KSFLA N/A 2.00 11 2.00 11 N/A N/A Total 11.411 KSFLA 68 65 66 Site Proposed Land Use: Scenario 1 GeneralOffce 1.000 KGSF 710 2.84 3 4.00 4 N/A N/A High -Turnover (sit-down) Restaurant 1.299 KSFLA 835 8.00 10 10.00 13 N/A N/A Fast Food Rstrt w/o DT Wdw 3.701 KSFLA 833 11.68 43 10.00 37 N/A N/A Kitchen/Service Area 5.411 KSFLA N/A 2.00 11 2.00 11 N/A N/A Total 11.411 KSFLA 67 65 66 Site Proposed Land Use: Scenario 2 General Office 3.339 KGSF 710 2.84 9 4.00 13 N/A N/A High -Turnover (sit-down) Restaurant 1.007 KSFLA 835 7.55 8 10.00 10 N/A N/A Fast Food Rstrt w/o DT Wdw 2.870 KSFLA 833 11.68 34 10.00 29 N/A N/A Kitchen/Service Area 4.196 KSFLA N/A 2.00 8 2.00 8 N/A N/A Total 11.411 KSFLA 59 60 66 Site Proposed Land Use: Scenario 3 General Office 11.411 KGSF 710 2.84 32 4.00 46 N/A N/A Total 11.411 KGSF 32 46 66 Scenario 1 67 65 66 Proposed Project's Parking Demand: Scenario 2 59 60 66 Scenario 3 32 46 66 Note: Parking generation factors per ITE Parking Generation - 2nd and 3rd Edition. 1) Pkg Rate is the average number of parking stalls occupied per "SIZE" Unit (i.e. KSFLA). 2) Stalls indicates the maximum number of occupied parking spaces associated with the generator. TABLE 2 PROJECT SHARED PARKING ANALYSIS Soto/Bandini Commercial Development - Vernon LAND USE Office Kitchen Service Area Restaurant SIZE - UNIT 1.000 KSFLA 5.411 KSFLA 5.000 KSFLA TOTAL TIME Rate Stalls 2.84 3 Rate Stalls 2.00 11 Rate Stalls 10.00 50 STALLS WEEKDAY 6:00 AM 0 1 0 1 7:00 AM 1 2 1 4 8:00 AM 2 3 3 8 9:00 AM 3 6 5 14 10:00 AM 3 8 10 21 11:00 AM 3 7 15 25 12:00 Nn 3 7 25 35 1:00 PM 3 6 35 44 2:00 PM 3 8 30 41 3:00 PM 3 10 30 43 4:00 PM 2 11 25 38 5:00 PM 1 11 35 47 6:00 PM 1 11 45 57 7:00 PM 0 10 50 60 8:00 PM 0 8 50 58 9:00 PM 0 8 50 58 10:00 PM 0 6 45 51 11:00 PM 0 3 35 38 12:00 Md 0 1 25 26 PARKING NEED WITH SHARED PARKING: 60 PARKING NEED WITHOUT SHARED PARKING: 64 TIME Rate Stalls Rate Stalls Rate Stalls TOTAL 0.50 1 2.00 11 10.00 50 STALLS SATURDAY 6:00 AM 0 11 0 11 7:00 AM 0 10 1 11 8:00 AM 1 10 2 13 9:00 AM 1 9 3 13 10:00 AM 1 8 4 13 11:00 AM 1 8 43 52 12:00 Nn 1 8 45 54 1:00 PM 1 8 46 55 2:00 PM 1 8 43 52 3:00 PM 0 8 23 31 4:00 PM 0 8 23 31 5:00 PM 0 9 30 39 6:00 PM 0 9 45 54 7:00 PM 0 10 48 58 8:00 PM 0 10 50 60 * 9:00 PM 0 10 50 60 * 10:00 PM 0 11 48 59 11:00 PM 0 11 43 54 12:00 Md 0 11 35 46 PARKING NEED WITH SHARED PARKING: 60 PARKING NEED WITHOUT SHARED PARKING: 62 RECOMMENDED PARKING SUPPLY: 66 Note: Recommended parking supply assumes a 10% parking vacancy factor. Soto/Bandini Commercial Development Project Revised Parking Evaluation - Vernon for 60 stalls, both during weekdays, and weekends. Table 2 also shows a recommended parking supply of 66 stalls, obtained by increasing the calculated needs by 10 percent. This increase is applied in order to allow for some parking vacancy, which facilitates the parking internal circulation, and allows for added capacity in the event of occasional peaks. The results of the shared parking analysis are in line with the project's actual supply of 66 parking stalls. This further confirms the results of our traffic study, which stated that the proposed mixed -use project's parking supply of 66 stalls will provide adequate parking under most conditions, and no parking overflow on city streets will occur as a results of the proposed development project. Please call me if you have any questions with regard to our analysis. It has been a pleasure to serve you on this most interesting project. Very truly yours, COCO TRAFFIC PLANNERS, INC. Dr. Antonio S. Coco, P.E. President ASC/gt #2K61 OORE3 NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing, which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Monday, March 5, 2007 at 10:00 a.m. Applicant: Berdan Holdings The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: Berdan Holdings is requesting an amendment to their existing conditional use permit to construct and operate a retail/commercial/office facility. Property Involved: 3660 Soto Street (See reverse side) Review of the file: The application, maps, and supporting information are available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the granting of this conditional use permit or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. The hearing may be continued or adjourned to a stated time and place without further notice of a public hearing. Date: February 22, 2007 MANUELA GIRT Acting City Clerk City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, California 90058 (323) 583-8811 The City of Vernon will conduct a Public Hearing, which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Monday, March 5, 2007 at 10:00 a.m. Applicant: Berdan Holdings The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: Berdan Holdings is requesting an amendment to their existing conditional use permit to construct and operate a retail/commercial/office facility. Property Involved: 3660 Soto Street (See reverse side) Review of the file: The application, maps, and supporting information are available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the granting of this conditional use permit or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. The hearing may be continued or adjourned to a stated time and place without further notice of a public hearing. (' Date: February 22, 2007 MANUELA GIRT Acting City Clerk 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 22, 2007 Interested parties or property owners: Enclosed herewith for your information is a Notice of Public Nearing concerning a conditional use permit application which has been filed with the City of Vernon for Berdan Holdings. They wish to have an office occupancy (general/medical office) of approximately 3,339 square feet in size at the subject site. However, the conditional use permit issued on September 18, 2002 was for a retail/commercial center and did not contemplate office use at the site. The site plan submitted as part of the application did not address any office use in the development plan. Therefore, Berdan Holdings is requesting an amendment to their existing conditional use permit to allow an office occupancy at the subject site. A copy of the application and supporting evidence is available for public review at my office ' between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. You are welcome to attend the meeting on March 5, 2007 or to send written comments prior to the meeting if you so desire. This notice is intended for interested parties or property owners within the project area. If you are no longer a property owner in this area, please forward this notice to the new property owner. )n, P.E. nity Services & Water SKW/sc Attachments AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I, Sergio Canales, Planning Assistant of the City of Vernon, do hereby certify that I did, on the 22"d day of February, 2007, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held on March 5, 2007, regarding a conditional use permit for Berdan Holdings, which is requesting an amendment to their existing conditional use permit to construct and operate a retail/commercial/office facility at 3660 Soto Street in the City of Vernon. One in each of the following places to wit: At the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board outside the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. _ Date: Februga 22 2007 Sergio State of California ) ) ss. County of Los Angeles ) Planning Assistant ,C� 1. On T f- CLC" % before me, e 4 14M , Notary Public, personally appeared Sergio Canales, personally known to me (Of known to me en the basis „ f satin f eteM, evidenee) to be the person whose name is subscribed to the within V Ci�IlV VL u instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WI SS my hand and official seal MANUELA GlRON Commission # 1611388 • `s� Notary Pubic - Coti%rnio 0los Angeles County My Comm. Expires Nov 4, 201 AFFIDAVIT OF MAILING I, Sergio Canales, declare as follows: 1. That I am employed in the Community Services Department in the position of Planning Assistant. 2. That on February 22, 2007 I mailed a copy of Notice of Public Hearing to be held on March 5, 2007 along with the attached letter regarding a conditional use permit for Berdan Holdings, which is requesting an amendment to their existing conditional use permit to construct and operate a retail/commercial/office facility at 3660 Soto Street, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage. Date: February 22, 2007 Sign: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) On TexAnay l-7, 20 rZ before me, RQdt,Lte(q 61/'ri , Notary Public, personally appeared Sergio Canales, personally known to me (of known to me o the basis o f satisf ete y videnee) to be the person whose name is subscribed to the V VCLJlJ VL J(.L c1J r�GriL�1 V—iTCClT1�J within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal VELA GIRON Con'►mialon # 1611388 "- Notary Public - CaNtornio los Angeles County � tWy Comm. Expires Nov d, 2009 r } OF VP Ll j� OWN V+ W O COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Manuela Giron, Acting City Clerk FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: February 22, 2007 SUBJECT: Conditional Use Permit — Berdan Holdings located at 3660 Soto Street Berdan Holdings has submitted an application to amend their existing conditional use permit to construct and operate a retail/commercial facility. They wish to have an office occupancy (general/medical office) of approximately 3,339 square feet in size at the subject site. However, the conditional use permit issued on September 18, 2002 was for a retail/commercial center and did not contemplate office use at the site. The site plan submitted as part of the application did not address any office use in the development plan. The development plan was approved with a certain amount of parking stalls designated to each future occupant. The parking layout meets the minimum parking requirements for a restaurant and retail center as specified by the City of Vernon Comprehensive Zoning Ordinance. Therefore, Berdan Holdings is requesting an amendment to their existing conditional use permit to allow an office occupancy at the subject site. It is recommended that a public hearing for this conditional use permit be held on March 5, 2007. SKW/sc